South Dakota Codified Laws
Chapter 11 - Hazardous Waste Management
Section 34A-11-22 - Public access to information--Confidential information excepted--Disclosure of protected information as misdemeanor.

34A-11-22. Public access to information--Confidential information excepted--Disclosure of protected information as misdemeanor.
Any records, reports, or information obtained from any person under this chapter shall be available to the public. If the secretary of agriculture and natural resources determines that a record, report, or information reveals methods or processes entitled to protection as trade secrets, the secretary may consider such record, report, or information confidential. However, the record, report, or information may be disclosed to other officers, employees, or authorized representatives of the state or federal government concerned with executing the provisions of this chapter, or if relevant, in any proceeding under this chapter. Any person who knowingly and willfully divulges or discloses any information entitled to protection under this section is guilty of a Class 1 misdemeanor.

Source: SL 1983, ch 262, §22; SL 2005, ch 10, §32; SL 2021, ch 1 (Ex. Ord. 21-3), § 53, eff. Apr. 19, 2021.

Structure South Dakota Codified Laws

South Dakota Codified Laws

Title 34A - Environmental Protection

Chapter 11 - Hazardous Waste Management

Section 34A-11-1 - Public policy.

Section 34A-11-2 - Definitions.

Section 34A-11-3 - Department designated as state agency under federal law.

Section 34A-11-4 - Functions of department and board.

Section 34A-11-5 - Cooperation with other agencies and groups.

Section 34A-11-6 - Acceptance of loans and grants.

Section 34A-11-7 - Employment of personnel.

Section 34A-11-8 - Rules identifying characteristics and listing hazardous wastes.

Section 34A-11-9 - Promulgation of rules governing hazardous wastes--Civil penalty for violation.

Section 34A-11-10 - Notification of hazardous waste activity required--Civil penalty for violation.

Section 34A-11-11 - Complaint alleging violation--Investigation--Report--Enforcement action.

Section 34A-11-12 - Facility permits required--Issuance, modification, revocation, suspension, or denial--Term--Civil penalty for violation.

Section 34A-11-12.1 - Fees for applications, amendments, and renewals--Costs assessed--Schedule of costs and fees.

Section 34A-11-13 - Application for permits--Rules--Hearings.

Section 34A-11-14 - Terms and conditions of permits--Civil penalty for violation.

Section 34A-11-15 - Revocation, modification, or suspension of permit--Grounds.

Section 34A-11-16 - Inspection of facilities and records--Monitoring equipment--Reports.

Section 34A-11-16.1 - Annual fee for inspection and monitoring.

Section 34A-11-17 - Notice and order for correction of violation.

Section 34A-11-18 - Hearing on violation--Time for request--Notice--Action by board.

Section 34A-11-19 - Circuit court action against violator--Injunction.

Section 34A-11-21 - Violations classified as felonies.

Section 34A-11-22 - Public access to information--Confidential information excepted--Disclosure of protected information as misdemeanor.

Section 34A-11-23 - Other rights to abate nuisances and pollution unaffected.

Section 34A-11-24 - Hazardous waste revolving fund--Administration--Use of funds.

Section 34A-11-25 - Disposal fee levied by state--Records.

Section 34A-11-26 - County or municipal disposal fee--Distribution of fee shares.